Editor's message: Employers seeking to expand their business interests by establishing a base abroad may either employ local workers and/or second or relocate their existing employees. Where an existing employee is transferred abroad, it may be appropriate for the employer to issue a new contract to the employee with his or her agreement.
One key decision for a multinational employer is whether to engage employees on terms and conditions that are tailored for particular countries or regions, or are substantially the same for all locations. The employer, in making this decision, should consider the minimum requirements that apply to employment contracts under national employment laws, as well as under regional regulation, local rules and collective agreements.
Global employers may need to take account of positive discrimination rules that affect recruitment. For example, a number of countries operate quotas for employing people with disabilities. Larger employers in South Africa must provide preferential treatment in recruitment to designated groups. In Qatar, Saudi Arabia and the United Arab Emirates, foreign workers may not be employed where each country's own nationals are available.
Felicity Alexander, employment law editor
Updated to reflect the fifth extension of the state of economic emergency.
Updated to reflect income tax rate change from 1 January 2017.
Updated to include additional information on requirements for all-in pay agreements and fixed-term employment contracts for pregnant employees.
Updated to include additional information on workplaces without works councils.
Updated to include information on the requirement for certain employers to establish a productive council of workers (CPT), effective from 8 November 2016.
Updated to include additional information on employers' right to work checks for foreign nationals.
Updated to include information on the Government's announcement on 20 November 2016 regarding the introduction of a statutory national minimum wage.
Updated to include information on a new statutory public holiday, Children's Day.
Updated to reflect legislative changes to the rules relating to part-time workers.